bill: heather comes on and the whole world. heather: another busy day. bill: terrific having you back with us. make it a great day. heather: nice to be here. bill: "happening now" starts right now. see you on friday, everybody. jenna: brand-new stories and breaking news. >> chilling news in the murder case against aaron hernandez. they call his friend's death an orchestrated execution as we await his court appearance to plead for bail and there is word of another arrest. president obama weighs in on nsa leaker edward snowden, why he won't be doing anything to get snowden back into u.s. custody. the immigration bill is heading for a final vote in the u.s. senate. what democrats are doing to make the vote happen as early as today and the bill's chances once it reaches the house. fox news alert from capitol hill where the acting head of the

i.r.s. is facing brand-new questions over the scope of that agency's targeting political groups. hi, everybody, glad you're with us i'm rick folbaum in for jon scott. jenna: i'm jenna lee. we now scrutiny extended well beyond conservative groups, that's what the reu i.r.s. and inspector general's report says. heights a question of behavior. a hearing is beginning before the house ways and means committee right now. makers to e are planning to grill reus aractin the acting reus archief. they've also likely ask about an internal audit that he released earlier this week. it found while the reus arhas been mismanaged or there was mismanagement going on there was no purposeful wrongdoing. just before the hearing the committee chairman david kefpl -p commented on the agency's lack of credibility. >> fortunately while i'm aware

this is a initial report, it it fails to deliver the accountability the american people deserve. this report doesn't answer even the most basic significant questions, who started this practice, why has it been allowed to continue for so long, how widespread was it? in fact this report suggests that you haven't even asked anyone those questions. jenna: it is a tough job that the man on your screen is walking into and has taken over the last couple of weeks. we are keeping an eye on the hearing all morning long. as we mentioned it just began. we'll bring you any baking tkrefl -plts a tkrefl -plts as it happened. >> brand-new developments in the efforts to capture edward snowden. president obama commenting on the situation essentially saying that he's going to stay out of it. snowden is hiding out we're told in moscow where leaders are refusing to extradict him and send him back to the u.s. there have been growing calls for the president to jump in and get involved but he says aoegs not going to go through any hoops to make that happen.

take a listen. >> i have not called the president of china personally or president putin personally and the reason is because number one, i shouldn't have to, i've got to start doing wheeling and dealing and trading on a whole host of other issues. simply to get a guy extradited so that he can face the justice system here in the united stat states. now, i get why it's a fascinating story from a press perspective, you know, and i'm sure there will be a made for tv movie somewhere down the line. >> the president speaking from africa and his reaction following calls from lawmakers who say it's time to get tough on russia and vladimir putin. jaime weinstein is a senior editor for the "daily caller." the whole idea that will be a made for tv movie some time down

the line is the president a little bit over dismissive about this. >> he certain certainly was a little glib. whatever you think of owe edward snowden if you're the president of the united state what he did was intolerable and what you should be doing is trying to make two messages here, one to the countries that are allowing him to go through scot-free, whether it's russia, potentially ecuador or china. and another to the future edward edward snowdens who are potentially in the united states. you want to convey the sense that this is a very serious matter, that we can't have people doing this. we will find you and bring you to justice no matter where you are. and to the countries that we expect actions or there will be consequences. with the president's message we've got none of that. we got this might be a made for tv movie, and ha, ha, this may be a serious event but not that serious and i'm not going to do very much to get him. i don't think that is the message you want to send if you want to get this guy back in the united states. >> if you're vladimir putin sitting in russia and listening to the comments from the president while he's on this

overseas trip, what is your take on it? >> my take on it would be that this is not a very serious issue to the president of united states. i'm not that worried if i just, you know, not do very much to bring him back there. i'm just going to allow him to go through. there is not going to be many consequences because this is not a top priority for the president so i have no incentive to try to help out the united states here. >> here you have the president saying what he's saying on one hand, and then you have his justice department charging him with espionage on the other. so what are americans to make of all of this and sort of the contradiction between the tone the president is using, and the charges, the serious charges that snowden is facing when and if he gets back here? >> well it is a contradiction and i think there might be some can't diction within the president himself. he doesn't want to be seen by his base as the guy who is going after this what a lot of his base see as this whistle-blower who uncovered something for the american people and something that they don't think is a right

of snooping and what not. on the other hand he is the president of the united states, you cannot have leakers giving out american secrets and go to china and get away from it. maybe he has an internal contradiction on the role that he wants to play, whether he wants to cozy up to his a base on this or act like the about the of the unite evidence states and get tough on a guy who just divulged american secrets. >> the politics of all of this from the right. what is the smart approach from republicans on this. >> i think there is a dichotomy within the republican party here. on one hand you have a lot of civil libertarians who see what happened here, what he divulged as very outrageous and needed to be divulged. on the other hand you have national security hawks that say he threatened the united states by doing what he did. no matter what you think of the program snowden is no longer the hero that some on the right, the

civil libertarian right may have thought he was at one point. now he's saying that he actually joined the booz allen hamilton, the organization that he was a part of in order to get the secrets. this wasn't a whistle-blower operation, this was an operation deliberate to get the secrets and now he's going abroad and divulging secrets that we are getting about russia and china. this is no longer merely a whistle-blower situation and i think he himself has harmed his image with the right and i think other americans as well. bill: a senior editor with the "daily caller." skwraeufpl meep good to talk to you. thanks. >> thank you. jenna: right now the senate is about to vote on a very historic immigration reform bill. yesterday senators approved an amendment calling for increased security along our border with mexico. this would happen in order to pave the way to citizenship for millions of people currently living in our country illegally. regardless of what happens in the senate the bill is already facing fierce opposition in the house. our chief political

correspondent carl cameron is live from washington. that is the big question, carl, it looks like we hear that this bill will pass today in the senate. how much closer is it to really becoming the law of the land? >> not much. but u.s. senators may be a day closer toette going off on their fourth of jewelry ses next week. we'll tr jewelry ses today. july jewelry ses. there will be no more than 30 hours of depay the before they vote on it tomorrow. they could stop it any time before then and save some time. you see john john cornyn r-r on the floor of the senate. the g.o.p. has been unable to block this. there have been objections. 15 republicans have been steadily going on with democrats on a whole host of procedural votes this week and the democratic majority leader harry reid sounded lea sound sounded like a high school vice principle and he's quickly

tkpwh-g to try to end it. >> this is know the a vote where people should be straggling on it we should have this in an orderly fashion. again i repeat whenever we schedule this vote we will have people here before the vote starts. >> in an absence of a very firm results-based border security trigger there is no way i can look at my constituents, look them in the eye and tell them today's assurances won't become tomorrow's disappointments. since the bill before us doesn't include such a trigger i won't be aible to support it. >> mitch mcconnell the senate republican leader a voice for the opposition knowing that they would want it if it had more amendments but they could have been defeated by democrats and the hand hull of republicans that support this. the republican majority is taking a different approach in the house, they will do separate legislation, build it through committee, it will take a lot of time. when you consider that lawmakers have next week after, they have four weeks of work in july, all of august off, when they come back in september they will have to deal with the budget, the threat of a government shut

down, the debt ceiling, the automatic spending cuts that still have problems, the so-called sequester as well as the unfinished farm bill that got derailed last week and half a dozen different scandals. this is a major task, is this is a long way off in the newt, jenna. jenna: what a long exciting list to took forward to carl. >> just so you know. jenna: hey the facts matter. those are the facts. all right, carl thank you. >> when we come back the woman considered the prosecution's star witness is back on the stand for day two of her testimony in the george zimmerman murder trial. as his defense attorney tries to poke holes in her story and her credibility. the dramatic new testimony from inside the courtroom that is coming up in a live report. plus, the new fallout from a muslim scholar's recent visit to the white house. why the obama administration says they allowed the radical cleric to stop by.

bill: fox news alert. dramatic new testimony today in the george zimmerman murder trial in florida. it's underway right now. and the prosecution's star witness back on the stand for a second straight day. the teenager was on the phone with trayvon martin in the moments just before george zimmerman killed him. zimmerman says that it was self-defense and his attorneys have been trying to chip away at this witness' credibility. take a listen. >> at no time did you mention that you heard trayvon martin say get off, get off, correct? >> yes, sir. >> is that yes you did not say that? >> yes, sir. >> phil keating is live in sanford, florida, and phil just a remarkable exchange between

the defense attorney and this young woman on the stand yet again today. >> without a doubt, rick. rachel jeantel hostile, reluctant to be here yesterday is much nicer today with don west, she is answering his questions yes, sir and no sir. she is more calm than yesterday. for the jurors a bit hard to understand exactly what her testimony is. despite her problems as a witness, giving details from different people over the last 15 months she is the star witness because she is testifying that george zimmerman was the aggressor from the beginning and all the way through the fight. she told the court that she didn't relay certain aspects of that fatal night to martin's parents out of respect for their grieving. attorney west suggested the person who made this a racial incident was trayvon martin not george zimmerman he suggested

this morning. >> one thing about what trayvon martin told you that made you think this was racial? what is the one thing? >> describing the person. >> pardon me? >> kreukreug thedescribing the person -- >> hi just didn't. >> describing the person that was watching and following him sir. >> that's what made you think it was racial. >> yes. >> and that's because he described him as a creepy ass cracker? >> the defense here trying to undermine the prosecution's claim that zimmerman profiled martin before jeantel surfaced last year three weeks had gone by and zimmerman had not been arrested. the police only had zimmerman's version of what led up to the shooting. she changed that. don west raised his voice moments ago saying, you don't know that martin was hit, martin may have used his fists to punch george zimmerman in the face.

she answered, no, sir. him pointing out that she wasn't there and a lot of what she is saying is how she has interpreted what she heard on the phone that night. rick. >> phil keating in front of the courthouse in sanford, florida, thanks so much. jenna: watching a developing story far from florida. an update on nelson mandela. we are live in south africa where his family is holding out hope after his medical condition improved a little bit overnight. we'll give you the latest on his condition and what is happening in south africa in a moment. a second arrest after police charged former nfl star aaron hernandez with murder. we are awaiting his bail hearing later today. breaking details straight ahead. rick: rick: what makes your family smile?

backflips and cartwheels. love, warmth. here, try this. backflips and camm, ok!s. ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching.

>> i couldn't believe it.

pretty disappointed in his actions. i figured, you know, belichick's guys -- even the problem children ears brought them in and they seemed to turn their lives around. i was disappointed to hear that. >> almost like a little bit betrayed. we put our trust in these guys. i know they are only human but still it's just upsetting. >> it is quite an upsetting story. new england patriot fans reacting to the first murder charge against the former star tight end aaron hernandez as police announce a second arrest in the case. 27-year-old carlos ortiz was arrested in the hometown of aaron hernandez, britt toll, connecticutbristol, connecticut and charged as a fugitive from justice. he hernandez is being held without bail for the murder of a semi football player odon lloyd. hernandez is being held for murder. he was in court yesterday when prosecutors described the murder of his friend as a told-blooded

execution. hernandez is due back to court later today when his lawyers will argue for bail. joining me now is a journalist who has covered the story since it broke and he's joined us several times, this is the first time we get to see you on camera wesley. wesley lawrey is a reporter where the boston globe and he was in court yesterday. what are lawyers saying is the motive here for hernandez, if he indeed committed this crime? why would he do it? >> if hernandez committed this crime lawyers are alleging that he add gone out with odon lloyd the previous friday night. the murder occurred late into the night on sunday night-early monday morning. they are saying on friday night the two men as well as another group of guys were in a popular club here in months ton. they were out together and at some point lloyd was seen talking or chatting with people who hernandez had told him not to talk to. it's unclear what it was he would have been talking about, but for whatever reason hernandez became very upset

about that and according to prosecutors during this car ride after hernandez had picked up lloyd from his home he laid out this information to him that he was upset, he felt like he couldn't trust him any more and that is what they are advancing as the motive for this crime. again that lloyd was in some way talking about hernandez, or relaying some type of information that hernandez had instructed him to the to tell anyone. >> earlier today we didn't know the identity of the two friend. now we are getting this name, carlos ortiz. we also according to the reports they haven't found the exact murder weapon. maybe you can clarify that as well. but there seems to be have good evidence, surveillance video and the like, now this arrest and there seems to be some questions as well. what do you think are some of the big questions that are still looming out there? >> there are still very major questions. the first being there is no smoking gun, we have no gun, no murder weapon in this case. police are still searching for it. they stress it's still an active investigation. the second goes back to this motive and hammering down what exactly the motive is.

as i'm sure you thought and the listeners thought it seems a little weak that her already would have been upset that lloyd was talking to someone he didn't like and kill him over it. the big question, did hernandez pull the trigger himself? that remains an unknown and it remains unknown how prosecutors will try to link his hands to a murder weapon they don't have. again what was the role of the two other men. we know carlos ortiz' name believed to be an associate of hernandez from bristol, connecticut, does have a little bit of a rap sheet largely for petty crimes, larceny, those types of things. again he is no stranger to law enforcement and it's unclear p-l how they believe he is connected to this. but it seems likely he may have been one of the two men in the car with hernandez. jenna: you spent time in his hometown, about his past, where he was right now in his life and career. what factors might be factors we should consider here as well? >> when you think about aaron

hernandez you have to think this was someone who was sitting at the top of the world, beginning his upward rise as a star in this league. 23-year-old, just signed to a massive contract, just had a child last year. someone who did have a little bit of a checkered past based on scouting reports and what people have said, whether it was potentially failing drug tests back in college, potentially hanging around with some of the quote, wrong guys. but with that said he was someone who had always publicly said he was going to honor the patriots taking a leap of faith with him and eastern their respect, eastern this contract. i remember reading a quote from when his child was born back in november where he said i can't be the old aaron any more. again, it seems -- he had a lot to lose here if he was involved in these murder the way the prosecutors say he was. >> we'll see. again innocent until proven guilty. of it doesn't appear that he will be released any time soon even with this bail hearing coming up. look canning to you again. thank you so much. >> of course any time.

thank you. rick: coming up new fallout from a controversial visit to the white house. what we're learning about a recent guest and his radical ties. plus a big debate in the senate right now on immigration reform as we've been telling you. they are planning on holding a final vote perhaps later today, but does this bill stand any chance in the house of representatives? fox news political analyst angela mcglowan joins us coming up next. rick: [ male announcer ] running out of steam?

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jenna: "happening now" a tense mood in south africa where 94-year-old mandatory evacuation i 94-year-old h-p 94-year-old nelson mandela is clinging to life. his condition slightly improved overnight from critical to stable. this has been an ongoing story and greg palkot is with us from south africa with more. >> there is agreeing crowd behind me watching and waiting outside this pretoria hospital literally one hundred yards from where i am nelson mandela is fighting for his life. fox news can confirm according to mandela family members that he is now on a life support system, including a ventilator to assist his breathing. a spokesman for the mandela family also confirmed to us that his condition remains critical, and in fact so much so that the south african president jacob

zuma canceled a trip abroad today. we saw zuma come to the hospital today and he in fact said that he saw some improvement in mandela over his condition last night. we also saw streams of relatives coming and going into the hospital to visit the antiapartheid icon. they too say that there is some response coming from mandela but also admit that they are prepared for the worst, that things could get bad. now in fact we've been seeing these crowds outside of this hospital grow nor the pas for the past couple of days. sometimes they are chanting, sometimes singing, it almost seems like they are trying to will this man back to life. here is a little bit of what we saw and heard today. >> as you can see it's been a roller coaster of emotions on this day outside of the hospital where nelson mandela is being treated. sometimes it's been hushed and quiet and then other times laughing, singing, chanting, and praise for the man they call

father, father in south africa. >> we can't lose him now. >> what has he meant to you, to your country in. >> he's a hero, it's like a god to me. >> he's a very big presence in south africa, nobody would ever be able to replace him. >> at the same time i've accepted that he might not come back, you know, he's a big man, he's old now, which i need to accept and let him go free. >> jenna the world media that is camped outside of this hospital as well, testimony to the impact that this man has had over the years as a symbol, as an icon for freedom, for democracy, for resistance, for reconciliation. president obama on his african tour paid homage to the man, sailed he was a personal hero to him and a personal icon, in fact somebody that will have a legacy left for him for many, many years to come. we are expecting president obama here in south africa this weekend, but as of now we are

not expecting a visit between himself and the ailing mandela. we are watching that as well. back to you, jenna. jenna: happy to have you on the ground there. back to greg as we get more developments thought the day. rick: back home right now the senate is getting ready for a final vote on immigration reform. they are debating that bill today. it would pave the way for citizenship for 111 million people who are currently living here illegally by securing our southern borders. senate majority harry reid hoping to hold a final vote by the end of today. the plan though facing opposition, among those promising to vote it down senate minority leader mitch mcconnell. >> the final bill didn't turn out to be something i can support. the reason is fairly simple. as i see it this bill doesn meet the threshold test for success that i outlined at the start of this debate. >> we are poised to pass a

historic immigration bill. it's landmark legislation. it will secure our borders and help 11 million people get right with the law. >> angela mcglowan is a fox news mythical analyst. we just heard from the two leaders in the senate. this is an issue that has not gone strictly down party lines. as a con conservative, a republican, where do you fall on the issue of immigration reform and this bill? >> unlike some conservatives is they told me this is a freeway going the wrong way i think that it's a good bill. the bottom line is this. we have 11 million aoep people in this ko*upbt tree, we don't know who they are or where they are. we can make them legal where they can pay taxes. even the cbo said the bill would cut the deficit. the bottom line is, though when you have a bill of this size you're going to have some goodies in there that members of congress are going to throw in for their district. i mean why do we have $1.5 billion for youth

programs? why do we have millions of dollars in there for alaska seafood processors? why do we have $100 million in this bill to promote travel? the padding in the bill is bad, the pork in the bills bad but the great thing about the house and the senate, the house can come up with its own version and no knock some of those kinks out. rick: some say if this bill gets overwhelming support in the senate and anywhere close to 70 votes which may be a little bit of an unreachable bar, but it could get close to that, up in the high 60s that that will put more pressure on the house to pass this or to pass some kind of version of immigration reform. do you buy that? what do you think happens if this gets a lot of support in the senate today, or tomorrow, whenever the vote is? >> i don't buy it because you have the tea party caucus, and some of those members -- speaker

boner met with the hispanic caucus. they have a version. he has a coalition of congressional members who have their version. they are going to go through the long process of creating their own bill. i don't think we will see an immigration reform bill out of the house. maybe next year, but this year i think it's dead in the water. you have a party divided with the republican party and you have progressives and moderates on the left, they can't agree. i think it's going to be an uphill battle in the house. rick: is there an many congratulations bill that could get the majority support of the members of the majority party? we've seen legislation pass in the house of representatives where the democrats have come over and really been driving -- and they are the minority in the house and a lot of republicans are upset, this is the so-called hasert rule that speaker boner has disregarded a couple of times this year. do you think that's what happens with immigration as well that it's democratic votes that get it passed in the house?

>> i don't think it's going to because of the republican majority. if you look on the senate side orrin hatch is concerned once the immigrants become legal and get their citizenship there is no mean testing dealing with them accepting welfare checks. you have another senator who says that it will give them an incentive for businesses to hire more immigrants because they don't have to pay for obama care. you have ultraconservatives on the house side and it's the republican party that is divided. do you wish that my party could come together and come to some consensus? when you have right wingers who don't agree where the speaker that is a problem. when newt gingrich was speaker he led a great house. boner boehner is a great leader but not with his own party. rick: angela always good to talk to you. likes the idea of immigration reform but doesn't like the wasteful spend being in the bill as it stands. we'll see what happens and talk

to you soon. jenna: new fallout from a muslim's scholar's recent visit to the white house. some may take issue with that title in general, muslim scholar or not. the deputy of a radical egyptian cleric was banned from the united states. a senior obama administration official confirms that the man on your screen met where national security staff two weeks ago but insists that the meeting focused on his counterterrorism efforts. molly henneberg is live from washington with more on this story. >> jenna, he is vice president of a group that supports hamas and hamas a has been december eug tphaeulgted by thdesignated has a terrorist organization. he says he was there in washington at that meeting to lobby the obama administration to do more to help syrian rebels. he says that the meeting with the national security staff was requested by the senior director of development and democracy for the national security council gale smith. the obama administration confirms that the meeting did take place in washington, and

was first revealed by the investigative project on terrorism. here is a picture of that meeting. you can see him on the left in a white turbin. the obama administration says he spoke out against al-qaida in 2010 and says this meeting that you see here was meant to, quote, discuss a wide range of issues bug poverty, global health efforts and his efforts to counter the al-qaida narrative. miss smith stated that she looked forward to working with him and with other faith leaders on issues of mutual interest. but he also has been outspoken in supporting hamas and creating an islamic state in place of israel. he has said the u.s. should not characterize both hamas and al-qaida aster r*eu as terrorist troops. he said that is not based on any moral principle and would be detrimental to the cause of the fight against terrorism. and mix the cards and raises questions to the world conscious and serves terrorists.

he also has called for the united nations to criminalize any blasphemy of th prophet muhammad and islam. jenna: thank huh. rick: the fallout from a filibuster in the state senate in texas. one woman's 13-hour fight helps derail maybe temporarily a major piece of abortion legislation. won day later we'll tell you what the governor of texas is doing now. rick: rick: more than through years after the civil war broke out in syria reports surfacing that the u.s. may be very close to arming the rebel forces there. we'll have the latest. rick: rick:

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jenna: a brand-new report this morning suggesting the cia is moving forward with a plan to arm rebels in syria. we know you've heard a lot about this. according to the "wall street journal" our government is sending weapons to militant forces by way of jordan providing them with training and small arms and ammunition. we'll get into militant forces in just a moment and what exactly that means. while we've heard the president say bashar al-assad must go there is no word on what the exact mission of the reported operation is. that's why we're talking to steve convenient yates, a former deputy assistance to the vice president for national security affairs during the bush administration. the ceo of d.c. international

advisory. there are a couple of different parts to this. let's take it bit by bit, going by way of jordan with weapons to arm the good guys, our friends in syria, in general your thoughts on that. >> number one we're entering a mission seemingly very late in a process, and so i think there is very, very high-risk. the state of jordan right now is at great risk of itself, so we're going through jordan presumably to accomplish a mission in syria but there is over a million refugees in jordan, that state may not be stable of itself. so i think there is a big question about what is our overall mission, period. is it just humanitarian intervention? we haven't heard anyone articulate that. is it to secure syria or to get bashar al-assad to go? what about the broader regional instabilities? jenna: we know that secretary kerry is back in jordan today. i believe it's his fifth trip here. we haven't had the official report that the arms are going through jordan we know that one

of the cabinet members is there today. whaoer is whahere is what a citizen said. we think that the west generally and the united states specifically if they want to be positive to our area they have to finish the conflict inside syria by supporting the syrian-free army not by bringing the soldiers to our country. stop nibbling around the edges, so directly in. what do you about that thought. >> there are a lot of echoes between the first gulf war and the consultations going on at that time and what we're hearing now. basically people in the region know that there is basically fuel spread all over ready to go aflame across the region. sectarian divisions, regional rivalries, et cetera. they want help, but only if you're serious, if you're going to finish the job. there was a perception of a partial effort in the first gulf war and they worry about half measures on syria doing something similar. jenna: we've heard about certain arms routes to syria in the

past. the military exercises that we are taking part in in jordan we are leaving several hundred troops behind after this is done just because right now. the last time we talked about arm routes to syria our jennifer griffin and adam housley said that benghazi, our situation in benghazi libya was trying to secure arms to send them to turkey to then send them to syria, that was one report that we had. obviously although we cannot connect the dots completely on that we see the risk and the tensions and the danger associated with any sort of arms dealing. we know it's not as tkharb dash not a totally secure business sometimes. talk to us about that aspect as well, about the danger that comes with being the provider of these arms and where they eventually end up. >> unfortunately there are no safe options. even not to intervene is not necessarily safe, because arms are flowing into that region anyway. russia has been a generous provider. hez hahezbollah has provided

people and people. iran says they are going to send 4,000 fighters into the conflict. even standing outside is not really a safe option by itself. being able to vet100% who these people are is an impossibility. if we're not going to have our own forces go in then we'll have to go on trust. and we will have to rely on our allies to help us identify lesser risks. now i think it would be an enormous mistake for the united states to be the lead agent in this. number of one we don't have a declared mission, we haven't prepared our public. even if you try a no-fly zone or arming people you can end up with people might remember the ep3 incident with china, you put our planes over someone's air space they can come down. and by doing even these minimal missions we are still violating someone's sovereignty. it is an act of war in reasonable people's minds with no declaration, no end point, no real mission. jenna: interesting waorbgs we'll see if we get more clarity as we

here more and the days go by. thank you. rick: we have breaking news, brand-new details about the murder charges against former nfl superstar aaron hernandez who has been charged with first-degree murder. he is due back in a courtroom later today. his lawyers are going to try to argue that he should be freed on bail. we have some breaking news when we come right back. don't go away. rick: rick: ready? happy birthday! it's a painting easel! go away. this is my favorite one. it's upside down. oh, sorry. (woman vo) it takes him places he's always wanted to go. that's why we bought a subaru. (announcer) love. it's what makes a subaru, a subaru.

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rick: couple of hours from now a bail hearing as former new england patriot aaron her 9/11 decemberer the hernandez is held in jail on a charge of first-degree muraled. prosecutors said hernandez planned his friend's murder, setting him up for execution. he is due back in court later

today when lawyers will argue for bail. reaction from those who worked with him on the patriots, jim gray, longtime sports journalist, fox news contributor, joins us over the phone. and, jim, even though this was a guy who was a major contributor to his team when he was a new england patriot, he certainly didn't have a whole lot of friends or fans on the team. >> well, it's starting to come to light a bit of a different picture. pat light, who was the left tackle for the patriots for a long time, was quoted by saying that he never embraced and never believed in anything that aaron hernandez stood for. now, i've spoken to club personnel and teammates over the years in the past few days, and now that he has been arrested, here are some of the words and adjectives that describe him: draining, immature, peaked a couple of years ago, we're better off football-wise, he took up everyone's energy,

wasn't again dependable, often lied, too much time was being spent which wasn't productive on the football field. so, rick, we're getting a much different portrayal now. rick: is it surprising to you that a coach like bill belichick who is known for really running his team a certain way, that he would put up with that kind of behavior, that it would take something like this for them to kick him off the team? >> i don't believe that bill belichick did put up with it. i think perhaps his actions weren't like this around bill belichick, and when it was, i'm told that belichick even sent him home. so i don't believe that bill belichick put up for a moment. but at the end of the day, they want to win. and if you're going to send everybody home all the time for immature actions and not being dependable and, you know, draining some of the team's time but you're a unique talent which i feel they felt he was, they'll

put up with it a little bit more. but it's coming to light now, rick, that, you know, he's not quite exactly what everybody had thought he was. rick: this, obviously, is to the extreme in terms of a first-degree murder charge. but i heard a story earlier today, jim, that there had been about two dozen or a little bit more than that nfl players who have been arrested since the end of last season. i wonder if the nfl has a bigger problem on its hands, not just aaron hernandez? >> request well, i think the nfl and roger goodell, roger goodell has been known that he can't stand for this type of activity to take place. and he has cracked down on it, he has come down on the players very hard. he wants to clean all of this up. if you're talking about 24-27 players and their arrests, yes, it's not a good statistic for the national football league, but it also represents less than 1% of those who are playing in the league. so a very, very few are

tarnishing and besmirching the very, very many. and 27 is too many, but there are 3,000 football players in the national football league roughly. so it's a small statistical number, but it's too big of a number for high profile nfl teams. rick: jim gray is a fox news contributor, veteran sports caster. thanks so much for the new details. >> thank you, rick. jenna: appreciate that context, too, as the daughter of an nfl player, just for the record. it's nice to know it's a small percentage. well, edward snowden is, apparently, still in that russian airport. in the meantime, the president says he shouldn't have to call the russ president to bring him back. next.

jenna: just after noon here on the east coast, welcome to a new hour of "happening now." glad you're with us, i'm jenna lee. rick: and i'm rick folbaum. danny wore fell back on the hot seat after a new report reveals the irs didn't just single out conservative groups, but liberal groups too. >> the inspector general's initial responses have led many people to believe that only conservative groups or groups with tea party in their names were the ones held up for inspection. now we know that that's not the fact. rick: but that contradicts a previous report from the

treasury department which claimed, quote: our audit did not find -- rick: the inspector general also stressing that 100% of the groups with the terms tea party, patriots and 9/12 in their name were flagged for extra attention. chief congressional correspondent mike emanuel live from capital hill, what were some of the more riveting points today? >> reporter: saying he has not found evidence of intentional wrong doing at the irs has clearly taken some heat today. let's take you live inside the house ways and means committee hearing room to give you a flavor of when's going on. or woreful was asked if there's evidence of a cover-up at the irs, he said he did not know the answer. then there was the issue for firing those responsible for targeting of conservative groups. >> so when we see things that

bother us in government, in particular in the irs and we want people held accountable, what we need to focus on is making sure that we're following a very diligent and expedient process in holding those individuals accountable, and that's what we're doing right now. >> reporter: and werfel told lawmakers just moments ago that they should trust the process, that they will get to the bottom of the mess at the irs. rick: mike, what about the back and forth regarding what was done to conservative groups versus liberal groups? >> reporter: well, the inspector general said in a letter to sander levin who's the top democrat on the house ways and means committee that there is no evidence that progressive groups, liberal groups were mistreated. he says the term "progressive" was on a list of terms that irs screeners were looking at, and today the house ways and means chairman pointed out the scrutiny of conservative groups went much further. >> so far the evidence only shows conservatives being systematically targeted by the

irs. not just flagged through the bolo, but actually targeted. these americans consistently had their applications delayed for nearly three years, were asked intrusive and inappropriate questions, had their donor information leaked and were even threatened by the irs with additional taxes. >> reporter: so having the term "progressive" on a call list or a screening list was an aha moment. a lot of democrats jumped on that. but then the inspector general sent a letter to the democratic leader of the house ways and means committee, the ranking member, saying they were not mistreated at all. rick? rick: mike emanuel up on the hill, thanks so much. jenna: well, now to the story of edward snowden. apparently, still in a moscow airport. he doesn't have a valid passport anymore and it's believed that his visa has also expired. speaking from africa today, our president said he shouldn't have to call vladimir putin to bring snowden back to the united states. take a listen. >> i'm not going to have one case of a suspect who we're

trying to extradite suddenly being elevated to the point where aye got to start -- i've got to start doing wheeling and dealing and trading on a whole host of other issues simply to get a guy extradited so that he can face the justice system here in the united states. jenna: chief intelligence correspondent catherine herridge is live in washington. catherine, there is some sort of diplomatic dance happening behind the scenes that the president's not talking about. what's the latest on that? >> reporter: well, jenna, senior government officials in ecuador say that this decision on asylum for snowden could take months and that the basic point is that he's not yet on their territory, and now the state department here in washington is answering questions about whether the documents for the nsa leaker were messed p on our end. >> the paperwork we'd given to hong kong was in order, but certainly we'll take a look with

our justice colleague -- >> something as minute as that, would that have been enough to have impeded the extradition? >> the hong kong authorities knew exactly how we felt about this particular individual. we were very clear. >> reporter: the justice department confirms there were inconsistencies on snowden's middle name, that the u.s. did not provide a passport number to hong kong. a justice department spokesman told fox these are technicalities and that under the extradition treaty this did not prevent hong kong from turning hip over to the united states. -- him over to the united states. they were looking for an excuse to do that. jenna: it's a little confusing when the president says he's not going to get involved, but we're also hearing there could be huge national security concerns at stake here. we understand there's some sort of criticism taking place on capitol hill in regards to the nsa, and that's heating up. what can you tell us about that? >> reporter: well, patrick leahy says there was, quote, sheer negligence at the nsa which allowed snowden to use thumb drives to walk off with the nation's secret, and it's time for a little introspection

at the national security agency. >> they have to ask themselves who was asleep at the switch at the nsa, literally and figuratively, that allowed this to happen. i think our own government has to start asking themselves questions if we're going to have all this information, what are we doing to protect it? obviously, they didn't do an awful lot. >> reporter: on snowden the defense secretary says no system, no matter how secure, can stop a person who is intent on stealing classified information and harming the country. >> i don't know how you can ever completely 100% guard against someone who wants to break the law and violate thetatutes in the interest of our nation. >> reporter: counterterrorism officials have confirmed to fox news that known terrorist groups have changed their ways, their meds now that they know more about the u.s. surveillance program, and the chairman of the joint chiefs now saying on the

record it's time for the u.s. as a result of that to change our strategies as well, jenna. jenna: interesting part of the story as well, catherine. thank you very much for that. you know, words do matter significantly in this case. how do we describe edward snowden? what does that mean about the consequence? is he a source, is he a spy, is he a fugitive? is there into option? we're going to speak to andy mccarthy a little later on about that in our show. rick: texas governor rick perry calling state lawmakers back to the capitol after one democrat's marathon filibuster in the state senate this week seeked to devalue a vote. casey steegal is live from the national right to live convention going on right now in grapevine, texas. governor perry making some news. >> reporter: absolutely, rick, in fact, he just left the podium a short time ago, and you mentioned the national right to life convention. ironically, this was already scheduled well ahead of this

week's news on abortion in the state of texas. it was already scheduled to take place here x that's why i'm keeping my voice down, because there is a workshop underway behind me. as i mentioned, governor perry leaving the stage not long ago. and even though the news this week has been considered more of a loss, if you will, for the pro-life side, it still felt like a little bit more of a rallying speech when governor perry was up there, because he said i'm calling the lawmakers back to austin, and we are going to get this abortion bill passed because he talked a lot about how the bill is aimed at making things safer for women. this is about making abortion clinics safer and giving women options. the measure, remember, was ban abortion after 20 weeks of pregnancy, it would require clinics to upgrade to hospital-type standards, and it would mandate that doctors have the ability to admit patients to a hospital within 30 miles of the facility in case something goes wrong. listen to a little bit of what else he had to say. >> because children deserve the

respect of simple recognition before their lives are tragically cut short. the laws we will pass, the laws we will pass in the coming weeks build on that legacy of life. [applause] we will ban abortion after 20 weeks. [applause] >> reporter: now, pro-choice advocates see this week as a victory, of course, with this bill's defeat. they've been arguing that the measure would force all but five abortion clinics to shut their doors because they could not meet the new standards. in turn, they say this would drastically limit services to women in this state, and that it is nothing more than a conservative political maneuver. >> these voices have been silenced by a governor who made blind partisanship and personal political ambition the official

business of our great state. >> reporter: now, the pro-life side is pretty confident that when this special session reconvenes, that it will pass be because, remember, republicans have the votes. republicans are the ones that passed it through the texas house earlier this week until it stalled with that filibuster with the democrats. so it's going to be interesting to see what happens july 1 when those lawmakers go back to austin and try to get this done. rick: casey steegal live in grapevine, texas. thanks. jenna: well, a house committee in d.c. grilling the acting irs chief as new questions emerge, we're now learning what was on or who was on that infamous lookout list and what that meant as far as the follow through from the i are, s. -- irs. is it just about the list of what happened afterwards? plus, a dramatic day in the george zimmerman murder trial as the credibility of a key prosecution witness is called into question. but some say she's actually

doing a great job for trayvon martin's team as well. we'll debate that coming up. everybody has different investment objectives,

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choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. jenna: new fallout for the irs political profiling scandal amid toast about who exactly was targeting. danny werfel, he's the acting chief of the tax agency, is back on the hill testifying just as we learn that the word "progressive" appeared on the now-infamous irs lookout list. but the treasury department says there's no evidence those groups were targeted like conservative or tea party groups. werfel weighed in on that today. >> it's our understanding as we review the facts that there's a diversity of political labels, and those organizations in process for further review. jenna: joining us now, tim carney, senior political columnist at the washington

examiner. tim, as first there was a little bit after flurry even though the inspector general's report said other groups were on a watch list, if you will, a targeting list, whatever you want to call it, but the real behavior against these groups was to the conservative groups. so just what do you make about this progress or lack thereof in this investigation over the last several weeks? >> one of the things democrats on the committee have tried to do is say, oh, look at the word "progressive" was on this lookout list, so now we know that this whole scandal was made up. that is what democrats are saying very clearly, can and they've convinced a lot of liberal journalists, chris matthews, hardball on msnbc began a show that way yesterday. but if you look at numbers, less than one in three of these progressive groups got sent along for further review while all 292 tea party groups actually were sent to washington per instructions for special review. so what we're seeing is more and more we're learning that there was political targeting of tea

party groups by the irs. jenna: and so one of the questions that's come up is, and i'm sure our viewers have thought this as well, is we haven't seen anyone fired yet. if that, indeed, is the case, is there anything missing still along that line that you mentioned? there were conservative groups targeted, they were delayed, certain hardships were put on them, is there something missing, and is that the reason there hasn't been any real consequence yet? >> well, what they haven't found, the inspector general did not find that there was politically-motivated discrimination. in other words, even if it fell along political lines, it was possibly just because there were so many tea party groups. my own theory, i looked at the irs how the employees there donate their money. overwhelmingly democratic, two to one irs employees give their money to democrats. in that cincinnati office that was the heart of a lot of this, every donation in the 2012 election went to either sherrod brown, a liberal democratic

senator, or to barack obama. so you give liberal bureaucrats the job of saying who's overly political, they will naturally be more skeptical of conservative groups as opposed to liberal groups. jenna: have you done any interviews with any of the people inside the since natty office that have come out and said we know there is this leaning this way, so it makes sense that this would happen, or i'm using -- >> i haven't gotten, i haven't gotten -- no. irs employees wisely are not doing a ton of interviews with me. jenna: okay. [laughter] >> you look at the donation, and it's very clear that -- and it's just the nature of someone who works in the irs is not likely to be a libertarian or, you know, a big supporter of tax cuts. jenna: and that certainly leads us into another conversation complete my. let me talk to you about the solutions being put forward because there have been some that have been suggested. one congressman wants to package together some bills that he would call the taxpayer bill of rights that would do a series of different things. do you think the solution here

is more government, more laws or something else entirely? >> i think the solution here is getting rid of the irs and getting rid of the complicated income tax if not the whole income tax. i think that when you put the irs in the job of saying police political speech, watch who's being too political, that that is inherently a corrupting and dangerous situation -- jenna: but isn't that just human nature in general? let me take you up on that, because we've done a couple of debate withs about whether or not we should get rid of the irs, and what kind of comes up in these conversations is corruption exists. in whatever agency, there's going to be bad people and good people. you hope there's good people collecting your taxes, but there may not be. how do you really legislate corruption out of the system entirely? >> i think the only way is to get rid of the institutions that foster the corruption and give too much power and discretion to individuals who might even be trying to act in the right way. and so, again, this is why you

get rid of the irs entirely. not because the people at the irs are bad. these are hard working people, they're public servants, but their job is to police political speech, and that's not a job that anyone in america should have. jenna: i have a quick final question for you. an independent officer within the irs is suggesting anyone that had this happen to them, political targeting, should get a thousand dollars of apology money. what do you think, tim? a thousand bucks? whoa, wait, i don't know, is that the irs -- hold on, tim, something going on -- maybe someone didn't like that idea. they didn't like the question -- [laughter] oh, there you are. now you're in the center of the camera, which is always good. what do you think about that idea, that a thousand dollars should be handed out to groups hit by this? >> i'm skeptical of apology payments. i do think that at least going forward they should stop being in the position of policing political speech. but we also have to ask are there groups that are still being blocked, groups whose activity is being blocked?

being able to conduct their activities. jenna: if you don't like one of my questions in the future, don't expect payment of apology now that i know your stance on that. tim, thank you very much. i know you've done a lot of reporting on this, so we look forward to having you back as we continue to watch this story, because it keeps on going. thank you. rick: coming up next, president obama saying he will not jump through any diplomatic hoops to try to get edward snowden back to the u.s., but whoo kind of -- but what kind of prosecution would the nsa leaker face? we'll talk to the former federal prosecutor who brought the blin. plus, the critical witness who could make or break the case in the george zimmerman trial. what is not adding up in her testimony and what is working. our legal panel weighs in. >> you knew that was a lie. >> yes, sir. bulldog: oh, the dog days of summer!

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radio: mattress discounters' 4th of july sale ends soon. ♪ mattress discounters jenna: many questions today still on nsa leaker edward snowden and how he's being portrayed, because how he's being portrayed really will help us determine the accuracy of the story that follows about the consequences for his actions. is he a spy? is he a source? is he something else? he's believed to still be in the moscow airport right now, so he's in the transit area, apparently, with no passport and no visa. but certainly still a lot to talk about. andy mccarthy's a former federal prosecutor who prosecuted the blind sheikh, of course, first world trade center bombing, you're the perfect person to talk talk with about s because there seems to be media guilt. is he a spy, is he a source, is he something entirely different? because that word matters and determines the entire tone of a conversation. so what should we be calling this guy? >> well, you know, he actually

is different things to different people, and depending on, you know, which perspective you want to look at him in. and a lot of that is intentional. i mean, for example, in wartime we have the capacity to treat people if they're the enemy as military enemies or as criminal defendants. that's supposed to give more options to us rather than give them, you know, rights to play off against each other. but somebody can be a spy and a source and a defendant. jenna: so you bring up something interesting. it is wartime. people may argue depending on what congress has determined about the iraq war or afghanistan or anything like that, but we talk about this time in our country as a time where we are still very much at war. how does that factor into the way we deal with someone spilling our national secrets? >> the war is taking place under an authorization of military force that congress enacted in 2001. and functionally, that's a declaration of war against enemy combatants as congress has identified them both in that

authorization and in some statutes they've passed since then. i don't think snowden fits into that box -- jenna: why? >> well, they've defined the enemy, basically, as those groups, countries or individuals who carried out the 9/11 attacks or harbored those people afterwards. so al-qaeda, for example, fits, but i don't think snowden does. jenna: but we are hearing now according to sources telling our catherine herridge and others that al-qaeda is being helped by the information that snowden leaked. does that change things? >> well, al-qaeda, it really depends on whether he intended to help them or not. and that gets you into kind of a legal quagmire that i imagine -- jenna: okay. we can avoid -- >> prefer not to be in. jenna: we'll avoid the wag might have, but one of the things you've discussed a lot as a columnist is what justice means in this country and how we go after people that are our enemies. i was throwing around this term enemy of the state, right? i think it's a movie or a book,

something like that, it's a political term, not a legal term. but some have suggested snowden fit into that category because he's doing the country harm. and the follow through on that and how we handle it, what do you think are the repercussions of it? >> well, it really depends on how they decide to go after him, and it's not like they have to make one decision. they have to use the criminal justice track because purchase the only way you can get a country to extradite somebody -- assuming we could get one of these countries to do that -- is to file criminal charges. you have to have those on file. and there's a variety of them that apply to what he's done. so, yes, he's probably guilty under the espionage act. he may also be guilty of treason. but treason is a much more complicated thing to prove than espionage. jenna: so right now it's a law enforcement matter. is that a general term to use for it? >> well, i think within the law enforcement community, they're certainly considering it that, and i would think the state department is as well because to the extent that they're involved in the extradition process, you

have to have those charges on file, and usually in an extradition case you have to have them on file early because there's always a question whether once you get the guy here, whether you can add new charges. jenna: interesting. it seems that -- and you've certainly been witness to this over the last few decades -- that the way we're using laws to go after people that are a threat to our national security has changed. how different would the situation be if this was world war ii? >> you know, that's a great question because i think we were much more politics driven than law driven during world war ii. jenna: interesting. >> so, for example, we captured nazi saboteur, one of whom was an american citizen in 1942 -- jenna: and is justice was quick for that individual. >> yeah. and fdr, probably against supreme court precedent, designated them as enemy combatants and had them executed after a trial within seven weeks of capture. there was some question at the time whether that was constitutional or not, but the supreme court decided that it

was. jenna: quick thought because that's such a contrast to what our president said today, listen, i'm not going after this guy, he's a 29-year-old hacker, i'm not going to wheel and deal for this kid, i'm not going to engage. that's different of the actions that you say would have been of a politically-driven president like roosevelt. just your thoughts on that message and what that message sends to the world. >> you know, i don't want to seem like i'm always going out of my way to criticize the president, but, you know, we had 19 people who brought us to war because we didn't engage seriously enough on the kind of counterterrorism we should have been doing. with that experience to guide us, i really find it strange that you could take the position that someone who could be causing profound national security problems to us in wartime while we have troops in harm's way could be so california leer about that. -- cavalier about that. i just don't get that. jenna: there's so many different streams of thought and a lot of confusion around this which is why we wanted to talk about the consequences and be why they

matter. andy, thank you. it's always nice to have these conversations with you. rick? rick: when we come back, new legal action in a missing persons case two years after a college student disappears, what the parents of lauren sprier are doing now. we are lye at the breaking news desk. also, new word the cia could begin arounding syrian rebels -- arming syrian rebels. >> the decision has been made and been going on for some time according to the cia, "the new york times," the cia's been involved with this for over a year, arming rebels. hey kevin...still eating chalk for heartburn?

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skwhrao new details in th. >> new details in the case of a missing indiana student. her parents are suing the last three men believed to have seen her. harris faulkner has been following this. this is a story we have watched -- for several years now. what is the latest? >> reporter: lauren steier's parents have filed the lawsuit in circuit court in monroe county, indiana last month. now they are saying three fell who he students were negligent the night she vanished. of the suit has been learned to federal court and we are learning details about why the parents hold these men, corey rossman, jason rosenbaum and michael best responsible for their daughter's disappearance and likely death. they talked with fox news around

the anniversary of lauren's disappearance and they focused on these three guys. >> i know the police would like to speak with these men and they continue to refuse to speak with the bloomington police department. >> the stier's are filing a lawsuit saying the men knew their daughter was extremely duncan coaxed her into a sports bar to consume more alcohol. they say they observed lauren in a distress full noncoherent state and she was at least one of the men who carried her across his back to his residence in the overnight hours of jun june 33, 202011. instead of taking care of her and taking her back to her home one of the men allowed her to read his residence on her home at 4:30 in the morning. shaoef was on foot and that was the last time she was seen. they say their clients are using

the legal system to answer questions that have been so far unanswered. no word on compensation or money damages for their daughter's disappearance. jenna: hopefully they find out more answers. rick: brand-new numbers on the jobs front with 346,000 americans filing for unemployment last week. that is a drop of 9,000 from the week before. good news there. meantime some businesses are managing to survive in this tough environment and that brings us to our small business spotlight. john safelli is director of operations as unionville vineyards in new jersey. i grew up in south jersey, you don't exactly think of new jersey as wine country but you guys are doing it. >> you know that's right, rick. and i'm sorry that you're in new york with empty can teens and i'm here in philadelphia with all the wine. new jersey is indeed the next wine country in the united

states. rick: how are your vineyards doing? tell us about it. >> we are doing okay. we are in ringos new jersey southwest of fleming ton, 15 northwest of princeton right in between philadelphia and new york and we are in a really beautiful part of the country where there are lots of reasons to come and visit. we are on 90 acres of pre srefrd horspreserved horse land. rick: people think about the new jersey turnpike, and that you merely use new jersey as a way to get to philadelphia or new york but it is the garden state and it's a beautiful state if i can brag about my home state. forget about the grape-growing climate. talk about the business climate in new jersey for you as you try to grow your business. what is that like right now? >> there is no doubt that since the recession hit disposable income has been on the decline, and luxury items like wine are

one of the first things to go. but when you are the -- one of the flagship producers in an emerging industry you have to stay the course and you have to be dedicated to your product and if you really believe in what you're doing, if you build it they will come. and that's really what we do. like i said 54 acres of estate vineyards, we are farmers first, wine producers second, and we are passionate about what we do and that translates to people and they understand that and they will support you if you have a good product. rick: you're only selling in new jersey right now, but can people order your wine online if they want to? >> two important laws have been passed in the past 18 months or so. the first allows us to sell our wines to 15byo restaurants across the state and we've done our due diligence in getting that up and running pretty much righ we are moving anywhere 15 to 30 cases a month additional because of that law passage. the other law allows us to ship direct to consumers, in new

jersey and in any other state where new jersey has a reciprocity arrangement with that state. anywhere in new jersey and other select states you can old the wines through the online wine shops and we'll put it on your doorstep. rick: i'm thinking about new york state that's where we are. we would love to taste the wine that you guys produce. do we have that agreement between our two states? >> rick, if you want we will ship it right to your studio. jenna: that's the louisianas thing we need. rick: thank you very much. he is the director of operation at unionville vineyards, look him up online. >> rick, we ferment, you decide, thanks very much. jenna: i love that. rick: nicely done. he's been working on that line since we booked him. jenna: that's all right he got it in there, delivered it well, cleanly and now you know about where you can get your next bottle of wine. i think overall it's a pretty good segment. we have to move on to other

news. are you going to be able to focus with all the wine talk. rick: i'm a pro. jenna: there is a big case happening right now in florida. we have new details on the george zimmerman murder trial after another day of really critical testimony. the day is not even over yet. how did the state's star witness do under cross-examination? a question for our legal panel coming up. a. >> you don't know that traffic von didn't at that moment take his fist and drive of it into george zimmerman's face. >> please lower your voice. >> do you? >> no, sir. i want to make things more secure. [ whirring ] [ dog barks ] i want to treat mo dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t

have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better. ♪

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i help support bones... [ ding! ] ...the immune system... [ ding! ] ...heart health... [ ding! ] ...and muscles. [ ding! ] that can only be ensure complete! [ female announcer ] the four-in-one nutrition of ensure complete. a simple choice to help u eat right. [ major nutrition ] nutrition in charge. rick: in the george sometime r-r trial another rough day on the witness stand for the prosecution's star witness rachel jeantel. she told jurors that martin had complained to her during a phone conversation that he was being followed by a guy he described as, well, creepy. actually a little more than creepy. on cross-examination, once the defense attorneys began to ask her questions, mr. zimmerman's lawyer poking holes in her testimony for a second day, asking why she waited days to contact the police, why she lied to trayvon martin's mother, and why she left out a slur that she says martin used in describing zimmerman in previous interviews. take a listen. >> you don't think calling

someone a creepy ass crack eris offensive? sp crackerrer is offensive? >> no. >> but you specifically chose not to tell his fulton that's what trayvon martin said. >> no. >> because you thought it would hurt her feelings, didn't you? >> no. >> 4 john manuel yan is a criminal defense attorney, and we have a former defense attorney and former prosecutor. let's go to the racial slang word used that she testified that trayvon had used in their conversation describing tpwoerpblgeorge zimmerman, the man who he said was following him. does this sort of -- we knew this case was going to have racial under tones. but does this sort of turn it on its head in a way showing that there were some racial feelings on the part of trayvon, perhaps not just george zimmerman? >> i don't think so, rick.

i tell you why, i think this case comes down to whether or not the prosecutor is going to prove that george zimmerman acted in self-defense and that's it. these other side notes about calling him a cracker i think is just a red herring. the think will look at whether the evidence is there for the prosecution to convict him and what don west is doing right now is showing that rafp wel that rachel jeantel's testimony is all over the place. she lied about going to the hospital and other things and for, the star witness it's not beneficial to the prosecution. rick: we take a look at this young girl on the stand and she is not polished and she is raw and clearly uncomfortable answering questions and almost come path tiff at times with the defense attorney who is in the back of that shot there behind george zimmerman. how do you see this going down? and is the defense doing a good job on the cross? >> i would say they are doing a good job on the cross.

they are doing their job. i do agree with the statements -- this is a sideshow here. i mean we are calling her the star witness, but in reality that is not really what she is. the star witness in this case unfortunately is trayvon martin, and trayvon martin, without dispute, was killed by george zimmerman. now really what all this is going to come down to is whether or not they can demonstrate that george zimmerman had a reasonable fear, a reason to believe his life was in danger, that is the key here. i don't think they'll be able to show that, because what they will be relying on is not these eyewitnesses, but where are his injuries? his injuries are minimal. where is the weapon? there is no weapon other than the one that was held in george zimmerman's hand. >> john, we also heard from this young woman on the stand that she heard trayvon say presumably to george zimmerman, back off. back away from me. how significant is that do you think?

>> well, it depends on whether or not you find her credible. the problem is that she is not credible, she is all over the place. you don't know what to believe, what to trust, what she made up, what she is adding to make the parents feel good, what she is adding to benjamin crump to the attorney for the family to enhance the lawsuit and so forth. i'll disagree with my colleague. there are serious injuries. george zimmerman had stitches to the back of his head, a broken nose and at the end of the day the jury will wonder why is it that trayvon martin has his knees wet, his jeans knees wet and why is george zimmerman's back wet. it shows that trayvon martin was on top of george zimmerman and punching it and doing it m and a style, mixed martial arts style. at that point in time he haled the right to use his gun to defend him and that will be seen coming up shortly in this trial. >> if that were going to be the rationality here and this case is going to set a precedent any time somebody loses a fight you

can pull out your gun and blow them away. i'm sure that is know the what the law is in florida. i think that they need to show more than simple just bumps and bruises and a fight that occurred that mr. zimmerman believed that he was losing. by the way as far as this witness goes, i want to add, that the fact that she is inconsistent, look, she is a 19-year-old kid. she's scared and question of course she wants to say things that are going to be helpful to trayvon martin's family, that is understandable. it doesn't mean that everything she says is just completely discredited. there is value in her testimony, and she is not a biased witness beyond the fact that she is a scared kid, she is trying to do the right thing, she is not going to win the case, she is not going to lose the case but you have to take what she is saying seriously and you can't just completely discount it. rick: we will see what the jury this is about it. steve racer r john manuelian, thank you very much. we'll be right back, don't go

away. ... ... ...

jenna: this is quite a story, a war hero, a missing metal of honor, and the new effort to find it. marine veteran art jackson received the medal from president truman for bravery during a bloody world war ii battle in the pacific. the metal was stolen. the man claims he had the metal and returned it to jackson. it turns out it is a fake. at 88 years of age jackson wants to see his medal one time more before he dies. >> this is one of the stories where you really hope that someone does the right thing. it was september 1944 that bloody battle, where arthur jackson showed extraordinary valor, single-handedly taking out 12 japanese bunkers and killing 50 enemy soldiers. he received the medal of honor

from president truman a year later. when he went to new york city to be honored his medal was stolen from the waldorf astoria hotel. >> i had left my medal in its box on the bed in the room, and i now when i went back there that is the first thing i always looked for, and it was gone. >> 42 years later jackson learned that his medal was on display at a television repair shop in chester, south carolina. that shop's owner joe shock lee said that he bought it for $300 from a gun show in charlotte, north carolina and said that he would willingly give it back to jackson. but when jackson received the medal, this is what shock lee had sent back, a fake, and for 25 years the fbi has believed that shock lee kept the original medal. in a telephone conversation i had with him last week he insisted to me that he did the right thing. >> i did not lie about that. i told them i said that is the one that i had, it's the only

one i've ever had in my hand and that's the one i sent him back. >> after new evidence that fox news has uncovered the fbi now believes that shockley may have not ever had in his possession the real medal of honor. the one he bought was fake and jackson's immediate ag medal is out there somewhere. >> the fbi says the statute of limitations has expired. ththeir only interest now is to get the medal back. let's hope that someone out there, because we do believe the medal is still out there has the heart to do the right thing because art jackson told us in his interview that he believes that his days are numbered. jenna: i mean, come on. he has to get his medal back.

what a great story. thank you very much. everybody check out foxnews.com let's get the medal. we'll be right back with more. >> reporter: thanks, jenna. [ male announcer ] running out of steam?

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>> becoming a great grandmother again that is not the only good news for queen elizabeth. she is set to get a pay raise. five percent to a total of $58 million a year. apparently her real estate

holdings are giving her a boost. some of it goes back to the public cofferes. you have to pay for the hats. >> i like the queen. thanks for joining us, america live starts right now. nfox news alert. a dramatic testimony in the murder trial of george zimmerman as the defense challenging the prosecution's star witness. welcome to america live. i am megyn kelly. rachel is expected to be back on the stand after the lunch break ends. her second straight day. she was on the phone with trayvon moments before the confrontation happen. her credibility called in question as the defense manageed to reveal several inconsistencies between what she told prosecution lawyers and defense lawyers and other individuals before the trial and what she has said on the